ProtectMarriage.com - Yes on 8, a Project of California Renewal et al v. Bowen et al

Filing 40

DECLARATION of John Doe #9 in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Attachments: # 1 Exhibit A)(Chandler, Timothy)

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ProtectMarriage.com - Yes on 8, a Project of California Renewal et al v. Bowen et al Doc. 40 John Doe #9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James Bopp, Jr. (Ind. State Bar No. 2838-84)* Barry A. Bostrom (Ind. State Bar No.11912-84)* Sarah E. Troupis (Wis. State Bar No. 1061515)* Scott F. Bieniek (Ill. State Bar No. 6295901)* BOPP, COLESON & BOSTROM 1 South Sixth Street Terre Haute, Indiana 47807-3510 Telephone: (812) 232-2434 Facsimile: (812) 235-3685 Timothy D. Chandler (Cal. State Bar No. 234325) ALLIANCE DEFENSE FUND 101 Parkshore Drive, Suite 100 Folsom, California 95630 Telephone: (916) 932-2850 Facsimile: (916) 932-2851 Counsel for All Plaintiffs United States District Court Eastern District of California Case No. 2:09-CV-00058-MCE-DAD ProtectMarriage.com, et al., Plaintiffs, v. Debra Bowen, et al., Defendants. DECLARATION OF REDACTED IN SUPPORT OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION Date: TBD Time: TBD Judge England Decl. of REDACTED in Support of Plaintiffs' Motion for Preliminary Injunction 1 Dockets.Justia.com John Doe #9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, REDACTED , make the following declaration pursuant to 28 U.S.C. 1746: 1. I am a resident of the state of California over 18 years of age, and my statements herein are based on personal knowledge. 2. I supported the passage of Proposition 8. 3. On November X , 2008, I attended an election night gathering at a hotel in for supporters of Proposition 8. 4. On November X , 2008, a photograph of me at this election night gathering appeared in the , and may have appeared in other publications. A true and correct copy of the photograph that appeared in these papers is attached as Exhibit A. 5. After the publication of this picture, I began to receive harassing messages on my MySpace and Facebook accounts. Many of these messages contained profanity, and one threatened me with assault. 6. When I arrived home on the evening of November X , 2008, there was a harassing message on my answering machine. The message was from a man, who stated in a mocking tone that the people in the picture with me were "Nazis" and against human rights. He also said, "I certainly hope that someday somebody takes away something from you and then you'll realize what a fucking bitch you are." 7. On November X , 2008, I received several harassing e-mails and phone calls at work because of my support of Proposition 8. Some of these messages stated that the authors or callers knew where I worked and the authors or callers were going to attempt to have me fired from my job. One caller knew my actual job position as it was listed online. Like the message I received on my home answering machine, the tone of these messages was mocking. 8. Because of the photograph of me at the election night gathering, other departments and employees at my workplace received a harassing e-mail that stated that I "come from a long line of bigots and racists." REDACTED REDACTED , California Decl. of REDACTED in Support of Plaintiffs' Motion for Preliminary Injunction 2 John Doe #9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. On November X , 2008, because I was concerned for my safety after receiving the e-mails and phone calls stating that the authors and callers knew where I worked, I filed a police report with the REDAC Police Department detailing the incidents that are documented here. 10. On November X , 2008, I also began working with the security department at my workplace to ensure my safety while at work. 11. As a result of this harassment, I have had to change my home phone number. 12. Because of these experiences, I would not donate to or publicly support a similar cause in the future without thinking carefully about the possible consequences of my donation and/or support. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. SIGNATURE REDACTE Executed on: REDACTED REDACTE Decl. of REDACTE in Support of Plaintiffs' Motion for Preliminary Injunction 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I, Timothy D. Chandler, am over the age of 18 years and not a party to the within action. My business address is 101 Parkshore Drive, Suite 100; Folsom, California 95630. On January 15, 2009, I electronically filed the foregoing document described as Declaration of John Doe #9 in Support of Plaintiffs' Motion for Preliminary Injunction, with the Clerk of Court using the CM/ECF system which will send notification of such filing to: Zackery Paul Morazzini Zackery.Morazzini@doj.ca.gov Attorney for Defendants Debra Bowen and Edmund C. Brown, Jr. And, pursuant to Rule 5-135(f), on January 15, 2009, I served the foregoing document described as Declaration of John Doe #9 in Support of Plaintiffs' Motion for Preliminary Injunction by placing true and correct copies of the documents in sealed envelopes with postage thereon fully prepaid, in the United States mail at Folsom, California, addressed to the following non-CM/ECF participants: Dean C. Logan Office of the Registrar-Recorder 12400 Imperial Highway Norwalk, California 90650 Department of Elections, City and County of San Francisco c/o Office of the Mayor Gavin Newsom 1 Dr. Carlton B. Goodlett Place San Francisco, California 94102 Jan Scully Office of the District Attorney 901 G Street Sacramento, California 95814 Eileen Teichert Office of the City Attorney New City Hall Building 915 I Street, 4th Floor Sacramento, California 95814 Ross Johnson California Fair Political Practices Commission 428 J. Street, Suite 620 Sacramento, California 95814 Decl. of John Doe #9 in Support of Plaintiffs' Motion for Preliminary Injunction 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Timothy Hodson California Fair Political Practices Commission 428 J. Street, Suite 620 Sacramento, California 95814 Eugene Huguenin, Jr. California Fair Political Practices Commission 428 J. Street, Suite 620 Sacramento, California 95814 Robert Leidigh California Fair Political Practices Commission 428 J. Street, Suite 620 Sacramento, California 95814 and Ray Remy California Fair Political Practices Commission 428 J. Street, Suite 620 Sacramento, California 95814 Defendants I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on January 15, 2009 at Folsom, California. s/Timothy D. Chandler Timothy D. Chandler (CA Bar No. 234325) Attorney for Plaintiff Decl. of John Doe #9 in Support of Plaintiffs' Motion for Preliminary Injunction 5